It’s a good question!
The decisions by Canada’s judiciary involving the Charter of Rights and Freedoms leads one to ask such a question.
The Charter opening words are :
“PART I
Canadian Charter of Rights and Freedoms
Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:”
Yet one finds no mention of this in the judgements of the last three years concerning the Charter and the Covid issues . Does their copies of the Charter exclude the opening words, or have they been fooled by a local Alberta judge who said the authors of the Charter did not say Christian God. As one author I understood it to be a Christian God—I knew no other. And I know the others thought exactly that. How dare that Judge tell me what I thought!
Why hasn’t a judge asked me?
Then Charter Section 1
“1 The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”
This is not a difficult sentence one would think.
But judicial decisions referring to Section 1 talk of reasonable ———but leave out the condition ‘as can be demonstrably justified in a free and democratic society.”
And when they even talk of the phrase usually they refer to the word ‘justify’ never the two words ‘ demonstrably justify” and hardly ever engage in a discussion of ‘ free and democratic society.’
Have there been any justifications let alone ‘demonstrable justifications?’ Has there been a explanation of what ‘free and democratic society’ means in formulating the judicial decisions .
The Judges need some basic reading comprehension classes.
As Bishop Hoadly said almost three centuries ago:
‘Who ever hath absolute authority to interpret any written or spoken laws, it is he who is truly the lawgiver, to all intents and purposes, and not the person who first wrote or spoke them.’
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Author: brianpeckford
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